Kishore Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20529 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Kishore Pal S/O Late Rajendra Pal R/O Village- Navtoliya Gajhara, P.S.- Ladaniya, Distt.- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhairavsthan P.S. Case No. 148 of 2025 registered for the offence punishable under Sections 274, 275, 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a Scorpio vehicle altogether 675 liters of illicit nepali country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is neither owner nor

Patna High Court CR. MISC. No.20529 of 2026(2) dt.31-03-2026 2/3 driver of the said vehicle rather the allegation is that the petitioner fled away leaving the Scorpio behind. He also submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. The petitioner has been framed in this case on the basis of his criminal antecedents. He further submits that the petitioner is languishing in judicial custody since 18.02.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of 19 cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall cooperate in the trial and shall remain physically present on each and every date fixed by the learned trial court and shall mark his weekly attendance at Ladaniya P.S. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act),

Patna High Court CR. MISC. No.20529 of 2026(2) dt.31-03-2026 3/3 Jhanjharpur, Madhubani in connection with Bhairavsthan P.S. Case No. 148 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T